# C_2016093EN.01025101.xml

| 9.3.2016 | EN | Official Journal of the European Union | C 93/251 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/251

---

P7_TA(2013)0338

Matrimonial property regimes *

European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (COM(2011)0126 — C7-0093/2011 — 2011/0059(CNS))

(Special legislative procedure — consultation)

(2016/C 093/33)

The European Parliament,

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2011)0126), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2011)0126),

| — | having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0093/2011), |
| --- | --- |

—

having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0093/2011),

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A7-0253/2013), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A7-0253/2013),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Recital 10

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | This Regulation covers issues in connection with matrimonial property regimes. It does not define ‘marriage’, which is defined by the national laws of the Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10)

This Regulation covers issues in connection with matrimonial property regimes. It does not define ‘marriage’, which is defined by the national laws of the Member States.

| (10) | This Regulation covers issues in connection with matrimonial property regimes. It does not define ‘marriage’, which is defined by the national laws of the Member States.
  Rather, it adopts a neutral attitude towards that concept. This Regulation does not affect the definition of the concept of marriage in the national law of the Member States. |
| --- | --- |

(10)

This Regulation covers issues in connection with matrimonial property regimes. It does not define ‘marriage’, which is defined by the national laws of the Member States.
  Rather, it adopts a neutral attitude towards that concept. This Regulation does not affect the definition of the concept of marriage in the national law of the Member States.

Rather, it adopts a neutral attitude towards that concept. This Regulation does not affect the definition of the concept of marriage in the national law of the Member States.

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 11

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation or the death of one of the spouses. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11)

The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation or the death of one of the spouses.

| (11) | The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation
  , or divorce
  or the death of one of the spouses. |
| --- | --- |

(11)

The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation
  , or divorce
  or the death of one of the spouses.

, or divorce

(Corresponds to recital 9 in Regulation (EU) No 650/2012.)

(Corresponds to recital 9 in Regulation (EU) No 650/2012

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 11 a (new)

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | This Regulation should not, however, apply to areas of civil law concerning matters other than matrimonial property regimes. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of matrimonial property regimes should be explicitly excluded from the scope of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11a)

(11a)

This Regulation should not, however, apply to areas of civil law concerning matters other than matrimonial property regimes. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of matrimonial property regimes should be explicitly excluded from the scope of this Regulation.

This Regulation should not, however, apply to areas of civil law concerning matters other than matrimonial property regimes. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of matrimonial property regimes should be explicitly excluded from the scope of this Regulation.

(Corresponds to recital 11 in Regulation (EU) No 650/2012.)

(Corresponds to recital 11 in Regulation (EU) No 650/2012.)

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 12

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | As
  maintenance obligations between spouses are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  they
  should be excluded from the scope of this Regulation, as should issues relating to
  the validity and effect of gifts
  covered by Regulation
  (EC)
  No
  593/2008
  of the European Parliament and Council
  of 17 June 2008 on the law applicable to contractual obligations (Rome I)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12)

As
  maintenance obligations between spouses are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  they
  should be excluded from the scope of this Regulation, as should issues relating to
  the validity and effect of gifts
  covered by Regulation
  (EC)
  No
  593/2008
  of the European Parliament and Council
  of 17 June 2008 on the law applicable to contractual obligations (Rome I)
  .

As

they

the validity and effect of gifts

(EC)

593/2008

of 17 June 2008 on the law applicable to contractual obligations (Rome I)

| (12) | Maintenance obligations between spouses
  , which
  are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, should be excluded from the scope of this Regulation, as should issues relating to
  legal succession in the event of death
  covered by Regulation
  (EU)
  No
  650/2012
  of the European Parliament and
  of the
  Council
  of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

   (1). |
| --- | --- |

(12)

Maintenance obligations between spouses
  , which
  are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, should be excluded from the scope of this Regulation, as should issues relating to
  legal succession in the event of death
  covered by Regulation
  (EU)
  No
  650/2012
  of the European Parliament and
  of the
  Council
  of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

   (1).

, which

legal succession in the event of death

(EU)

650/2012

of the

of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

1

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 13

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | Issues relating to the nature of
  rights in rem
  that may exist under
  the national law of Member States
  , and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are from Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. This means that the courts of the Member State in which property of one or both spouses is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13)

Issues relating to the nature of
  rights in rem
  that may exist under
  the national law of Member States
  , and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are from Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. This means that the courts of the Member State in which property of one or both spouses is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides.

Issues relating to the nature of

that may exist under

, and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are from Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. This means that the courts of the Member State in which property of one or both spouses is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides.

| (13) | This Regulation — like Regulation (EU) No 650/2012 — should not affect the limited number (‘numerus clausus’) of
  rights in rem
  known in
  the national law of
  some
  Member States
  . A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law. |
| --- | --- |

(13)

This Regulation — like Regulation (EU) No 650/2012 — should not affect the limited number (‘numerus clausus’) of
  rights in rem
  known in
  the national law of
  some
  Member States
  . A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law.

This Regulation — like Regulation (EU) No 650/2012 — should not affect the limited number (‘numerus clausus’) of

known in

some

. A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law.

(Corresponds in part to recital 15 in Regulation (EU) No 650/2012.)

(Corresponds in part to recital 15 in Regulation (EU) No 650/2012.)

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 13 a (new)

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them, for example in the context of a dispute concerning a matrimonial property regime, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the matrimonial property regime may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13a)

(13a)

However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them, for example in the context of a dispute concerning a matrimonial property regime, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the matrimonial property regime may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law.

However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them, for example in the context of a dispute concerning a matrimonial property regime, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the matrimonial property regime may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law.

(Corresponds to recital 16 in Regulation (EU) No 650/2012.)

(Corresponds to recital 16 in Regulation (EU) No 650/2012.)

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 13 b (new)

Recital 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13b) | The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immovable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13b)

(13b)

The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immovable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information.

The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immovable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information.

(Corresponds in part to recital 18 in Regulation (EU) No 650/2012.)

(Corresponds in part to recital 18 in Regulation (EU) No 650/2012.)

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Recital 13 c (new)

Recital 13 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13c) | The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus where, for example, the acquisition of a right in immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13c)

(13c)

The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus where, for example, the acquisition of a right in immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State.

The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus where, for example, the acquisition of a right in immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State.

(Corresponds to recital 19 in Regulation (EU) No 650/2012.)

(Corresponds to recital 19 in Regulation (EU) No 650/2012.)

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Recital 13 d (new)

Recital 13 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13d) | The term ‘matrimonial property regime’, which determines the scope of this Regulation, should cover all rules concerning property relationships between spouses and in respect of third parties arising from their marriage and after its termination. These include not only the compulsory provisions of the applicable law but also any optional arrangements which the spouses may have agreed in accordance with the applicable law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13d)

(13d)

The term ‘matrimonial property regime’, which determines the scope of this Regulation, should cover all rules concerning property relationships between spouses and in respect of third parties arising from their marriage and after its termination. These include not only the compulsory provisions of the applicable law but also any optional arrangements which the spouses may have agreed in accordance with the applicable law.

The term ‘matrimonial property regime’, which determines the scope of this Regulation, should cover all rules concerning property relationships between spouses and in respect of third parties arising from their marriage and after its termination. These include not only the compulsory provisions of the applicable law but also any optional arrangements which the spouses may have agreed in accordance with the applicable law.

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Recital 13 e (new)

Recital 13 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13e) | Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13e)

(13e)

Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions.

Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions.

(Corresponds to recital 20 in Regulation (EU) No 650/2012.)

(Corresponds to recital 20 in Regulation (EU) No 650/2012.)

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Recital 14

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14)

To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

| (14) | To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
  , if the jurisdiction of the courts concerned has been expressly or in some other manner recognised by the spouses
  . |
| --- | --- |

(14)

To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
  , if the jurisdiction of the courts concerned has been expressly or in some other manner recognised by the spouses
  .

, if the jurisdiction of the courts concerned has been expressly or in some other manner recognised by the spouses

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Recital 16

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime.
  Such a decision is expressed by
  an agreement between the spouses which may be concluded
  at any moment, even during the proceedings
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(16)

Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime.
  Such a decision is expressed by
  an agreement between the spouses which may be concluded
  at any moment, even during the proceedings
  .

Such a decision is expressed by

at any moment, even during the proceedings

| (16) | Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime.
  This requires
  an agreement between the spouses which may be concluded
  , at the latest, until the matter is put before the court and subsequently as provided for by the lex fori
  . |
| --- | --- |

(16)

Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime.
  This requires
  an agreement between the spouses which may be concluded
  , at the latest, until the matter is put before the court and subsequently as provided for by the lex fori
  .

This requires

, at the latest, until the matter is put before the court and subsequently as provided for by the lex fori

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Recital 17

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | This Regulation must allow the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse,
  and must in particular have a forum necessitatis provision to prevent situations where justice is denied
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(17)

This Regulation must allow the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse,
  and must in particular have a forum necessitatis provision to prevent situations where justice is denied
  .

and must in particular have a forum necessitatis provision to prevent situations where justice is denied

| (17) | This Regulation must protect the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse,
  in accordance with a set of criteria, listed in order of precedence, designed to ensure the existence of a close link between the spouses and the Member State whose courts have jurisdiction
  . |
| --- | --- |

(17)

This Regulation must protect the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse,
  in accordance with a set of criteria, listed in order of precedence, designed to ensure the existence of a close link between the spouses and the Member State whose courts have jurisdiction
  .

in accordance with a set of criteria, listed in order of precedence, designed to ensure the existence of a close link between the spouses and the Member State whose courts have jurisdiction

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Recital 17 a (new)

Recital 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17a) | In order to remedy, in particular, situations of denial of justice, this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a matrimonial property case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the matrimonial property case has a sufficient connection with the Member State of the court seised. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(17a)

(17a)

In order to remedy, in particular, situations of denial of justice, this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a matrimonial property case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the matrimonial property case has a sufficient connection with the Member State of the court seised.

In order to remedy, in particular, situations of denial of justice, this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a matrimonial property case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the matrimonial property case has a sufficient connection with the Member State of the court seised.

(Corresponds to recital 31 in Regulation (EU) No 650/2012.)

(Corresponds to recital 31 in Regulation (EU) No 650/2012.)

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Recital 21

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors. The first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the law of the spouses' common nationality at the time of their marriage. If neither of these criteria apply, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances,
  including the place where the marriage was celebrated,
  it being made clear that these links are to be considered as they were at the time the marriage was entered into. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(21)

Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors. The first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the law of the spouses' common nationality at the time of their marriage. If neither of these criteria apply, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances,
  including the place where the marriage was celebrated,
  it being made clear that these links are to be considered as they were at the time the marriage was entered into.

the law of

these

including the place where the marriage was celebrated,

these

| (21) | Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors.
  The common habitual residence of the spouses at the time of marriage or
  the first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the spouses' common nationality at the time of their marriage. If neither of those criteria applies, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances, it being made clear that those links are to be considered as they were at the time the marriage was entered into. |
| --- | --- |

(21)

Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors.
  The common habitual residence of the spouses at the time of marriage or
  the first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the spouses' common nationality at the time of their marriage. If neither of those criteria applies, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances, it being made clear that those links are to be considered as they were at the time the marriage was entered into.

The common habitual residence of the spouses at the time of marriage or

those

applies

those

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Recital 22 a (new)

Recital 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22a) | For the purposes of the application of this Regulation, i.e. where it refers to nationality as a criterion for the application of the law of a State, the question of how to deal with cases of plural nationality and whether a person is to be regarded as a national of a State should be left to national law, or where appropriate also to international agreements, in full observance of the general principles of the European Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22a)

(22a)

For the purposes of the application of this Regulation, i.e. where it refers to nationality as a criterion for the application of the law of a State, the question of how to deal with cases of plural nationality and whether a person is to be regarded as a national of a State should be left to national law, or where appropriate also to international agreements, in full observance of the general principles of the European Union.

For the purposes of the application of this Regulation, i.e. where it refers to nationality as a criterion for the application of the law of a State, the question of how to deal with cases of plural nationality and whether a person is to be regarded as a national of a State should be left to national law, or where appropriate also to international agreements, in full observance of the general principles of the European Union.

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Recital 24

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | Given the importance of choosing the law applicable to the matrimonial property regime, the Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice. This choice should
  be made in the form prescribed for the marriage contract by the law of the State chosen or by that of the State where the instrument is drawn up, and
  at least be in writing and dated and signed by the couple.
  Any additional formal requirements imposed by the law of the State chosen or that of the State where the instrument is drawn up concerning the validity, disclosure or registration of such contracts should be complied with. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(24)

Given the importance of choosing the law applicable to the matrimonial property regime, the Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice. This choice should
  be made in the form prescribed for the marriage contract by the law of the State chosen or by that of the State where the instrument is drawn up, and
  at least be in writing and dated and signed by the couple.
  Any additional formal requirements imposed by the law of the State chosen or that of the State where the instrument is drawn up concerning the validity, disclosure or registration of such contracts should be complied with.

the

This

be made in the form prescribed for the marriage contract by the law of the State chosen or by that of the State where the instrument is drawn up, and

Any additional formal requirements imposed by the law of the State chosen or that of the State where the instrument is drawn up concerning the validity, disclosure or registration of such contracts should be complied with.

| (24) | Given the importance of choosing the law applicable to the matrimonial property regime, this Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice.
  The agreement establishing

  that choice should at least be in writing and dated and signed by the couple.
  The choice should be made in the form prescribed by the law applicable to the matrimonial property regime or the law of the State where the agreement has been concluded. |
| --- | --- |

(24)

Given the importance of choosing the law applicable to the matrimonial property regime, this Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice.
  The agreement establishing

  that choice should at least be in writing and dated and signed by the couple.
  The choice should be made in the form prescribed by the law applicable to the matrimonial property regime or the law of the State where the agreement has been concluded.

this

The agreement establishing

that

The choice should be made in the form prescribed by the law applicable to the matrimonial property regime or the law of the State where the agreement has been concluded.

Amendment 18

Amendment 18

Proposal for a regulation

Proposal for a regulation

Recital 24 a (new)

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24a) | To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, this Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own. For this purpose ‘overriding mandatory rules’ should refer to imperative provisions, the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, particularly its political, social or economic organisation. In order, for example, to protect the family home, the Member State where the home is located should be permitted to apply its own law, without prejudice to the transaction protection provisions applicable in the Member State concerned, whose precedence is guaranteed by Article 35. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(24a)

(24a)

To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, this Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own. For this purpose ‘overriding mandatory rules’ should refer to imperative provisions, the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, particularly its political, social or economic organisation. In order, for example, to protect the family home, the Member State where the home is located should be permitted to apply its own law, without prejudice to the transaction protection provisions applicable in the Member State concerned, whose precedence is guaranteed by Article 35.

To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, this Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own. For this purpose ‘overriding mandatory rules’ should refer to imperative provisions, the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, particularly its political, social or economic organisation. In order, for example, to protect the family home, the Member State where the home is located should be permitted to apply its own law, without prejudice to the transaction protection provisions applicable in the Member State concerned, whose precedence is guaranteed by Article 35.

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

Recital 27

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of
  Regulation (EC) No 44/2001, adjusted where necessary to meet the specific requirements of matters covered by this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(27)

Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of
  Regulation (EC) No 44/2001, adjusted where necessary to meet the specific requirements of matters covered by this Regulation
  .

Regulation (EC) No 44/2001, adjusted where necessary to meet the specific requirements of matters covered by this Regulation

| (27) | Since mutual recognition of decisions rendered in the Member States
  in matrimonial property cases
  is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition
  , enforceability
  and enforcement of decisions on the basis of
  other legal instruments of the Union in the field of judicial cooperation in civil matters
  . |
| --- | --- |

(27)

Since mutual recognition of decisions rendered in the Member States
  in matrimonial property cases
  is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition
  , enforceability
  and enforcement of decisions on the basis of
  other legal instruments of the Union in the field of judicial cooperation in civil matters
  .

in matrimonial property cases

, enforceability

other legal instruments of the Union in the field of judicial cooperation in civil matters

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

Recital 28

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | In order to take into account the different
  methods of
  dealing with
  matters of
  matrimonial property
  regimes
  in the Member States, this Regulation
  must
  guarantee the
  recognition
  and
  enforcement
  of authentic instruments.
  Nevertheless, authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their country of origin, and a presumption of validity which may be rebutted if they are contested. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(28)

In order to take into account the different
  methods of
  dealing with
  matters of
  matrimonial property
  regimes
  in the Member States, this Regulation
  must
  guarantee the
  recognition
  and
  enforcement
  of authentic instruments.
  Nevertheless, authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their country of origin, and a presumption of validity which may be rebutted if they are contested.

methods of

matters of

regimes

must

recognition

enforcement

Nevertheless, authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their country of origin, and a presumption of validity which may be rebutted if they are contested.

| (28) | In order to take into account the different
  systems for
  dealing with matrimonial property
  cases
  in the Member States, this Regulation
  should
  guarantee the
  acceptance
  and
  enforceability in all Member States
  of authentic instruments
  in matrimonial property matters
  . |
| --- | --- |

(28)

In order to take into account the different
  systems for
  dealing with matrimonial property
  cases
  in the Member States, this Regulation
  should
  guarantee the
  acceptance
  and
  enforceability in all Member States
  of authentic instruments
  in matrimonial property matters
  .

systems for

cases

should

acceptance

enforceability in all Member States

in matrimonial property matters

(Corresponds to recital 60 in Regulation (EU) No 650/2012.)

(Corresponds to recital 60 in Regulation (EU) No 650/2012.)

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Recital 28 a (new)

Recital 28 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28a) | In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should therefore lay down rules on the basis of, in particular, Regulation (EU) No 650/2012. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(28a)

(28a)

In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should therefore lay down rules on the basis of, in particular, Regulation (EU) No 650/2012.

In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should therefore lay down rules on the basis of, in particular, Regulation (EU) No 650/2012.

Amendment 22

Amendment 22

Proposal for a regulation

Proposal for a regulation

Recital 29

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | While
  the law applicable to matrimonial property regimes must govern the legal relationship between a spouse and a third party
  , the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the spouse or the third party,
  in the interests of the third party's protection
  . The law of that Member State may thus provide that the spouse may invoke the law of his or her matrimonial property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party
  was aware of or ought to have been aware of the law applicable
  to the matrimonial property regime
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(29)

While
  the law applicable to matrimonial property regimes must govern the legal relationship between a spouse and a third party
  , the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the spouse or the third party,
  in the interests of the third party's protection
  . The law of that Member State may thus provide that the spouse may invoke the law of his or her matrimonial property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party
  was aware of or ought to have been aware of the law applicable
  to the matrimonial property regime
  .

While

, the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the spouse or the third party,

. The law of that Member State may thus provide that the spouse may invoke the law of his or her matrimonial property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party

to the matrimonial property regime

| (29) | The law applicable to matrimonial property regimes
  under this Regulation
  must govern the legal relationship between a spouse and a third party
  . However,
  in the interests of the third party's protection
  , neither of the spouses should be able to invoke that law in a legal relationship between one of the spouses and a third party if the spouse who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the matrimonial property. Exceptions should apply if the third party does not merit protection, in other words if he or she
  was aware of, or ought to have been aware of, the law applicable
  or if the requirements applicable to registration or disclosure in the State were complied with
  . |
| --- | --- |

(29)

The law applicable to matrimonial property regimes
  under this Regulation
  must govern the legal relationship between a spouse and a third party
  . However,
  in the interests of the third party's protection
  , neither of the spouses should be able to invoke that law in a legal relationship between one of the spouses and a third party if the spouse who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the matrimonial property. Exceptions should apply if the third party does not merit protection, in other words if he or she
  was aware of, or ought to have been aware of, the law applicable
  or if the requirements applicable to registration or disclosure in the State were complied with
  .

under this Regulation

. However,

, neither of the spouses should be able to invoke that law in a legal relationship between one of the spouses and a third party if the spouse who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the matrimonial property. Exceptions should apply if the third party does not merit protection, in other words if he or she

or if the requirements applicable to registration or disclosure in the State were complied with

Amendment 23

Amendment 23

Proposal for a regulation

Proposal for a regulation

Recital 30 a (new)

Recital 30 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30a) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (2)

  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(30a)

(30a)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (2)

  .

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

2

.

(Corresponds to recital 78 in Regulation (EU) No 650/2012.)

(Corresponds to recital 78 in Regulation (EU) No 650/2012.)

Amendment 24

Amendment 24

Proposal for a regulation

Proposal for a regulation

Recital 30 b (new)

Recital 30 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30b) | The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(30b)

(30b)

The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011.

The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011.

(Corresponds to recital 79 in Regulation (EU) No 650/2012.)

(Corresponds to recital 79 in Regulation (EU) No 650/2012.)

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Recital 32

Recital 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| (32) | This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(32)

This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles.

these

| (32) | This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17,
  20,
  21
  , 23
  and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights,
  equality before the law,
  the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with those rights and principles. |
| --- | --- |

(32)

This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17,
  20,
  21
  , 23
  and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights,
  equality before the law,
  the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with those rights and principles.

20,

, 23

equality before the law,

those

(Corresponds in part to recital 81 in Regulation (EU) No 650/2012.)

(Corresponds in part to recital 81 in Regulation (EU) No 650/2012.)

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point a

Article 1 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the capacity of spouses, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the capacity of spouses,

| (a) | the
  general
  capacity of spouses, |
| --- | --- |

(a)

the
  general
  capacity of spouses,

general

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point a a (new)

Article 1 — paragraph 3 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | the existence, validity or recognition of a marriage, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

the existence, validity or recognition of a marriage,

the existence, validity or recognition of a marriage,

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point c

Article 1 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | gifts between spouses, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

(c)

gifts between spouses,

gifts between spouses,

deleted

deleted

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point d

Article 1 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the
  succession
  rights of a
  surviving spouse, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

the
  succession
  rights of a
  surviving spouse,

the

rights of a

| (d) | issues relating to
  succession
  due to death with reference to the
  surviving spouse, |
| --- | --- |

(d)

issues relating to
  succession
  due to death with reference to the
  surviving spouse,

issues relating to

due to death with reference to the

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point e

Article 1 — paragraph 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | companies set up between spouses, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

companies set up between spouses,

companies set up between spouses,

| (e) | questions governed by the law of companies and other bodies, corporate or unincorporated, |
| --- | --- |

(e)

questions governed by the law of companies and other bodies, corporate or unincorporated,

questions governed by the law of companies and other bodies, corporate or unincorporated,

(Corresponds to Article 1, point (h), of Regulation (EU) No 650/2012.)

(Corresponds to Article 1, point (h), of Regulation (EU) No 650/2012.)

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point f

Article 1 — paragraph 3 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | the nature of rights in rem
  relating to a property and the disclosure of such rights. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

the nature of rights in rem
  relating to a property and the disclosure of such rights.

relating to a property and the disclosure of such rights.

| (f) | the nature of rights in rem, |
| --- | --- |

(f)

the nature of rights in rem,

(Corresponds to Article 1, point (k), of Regulation (EU) No 650/2012.)

(Corresponds to Article 1, point (k), of Regulation (EU) No 650/2012.)

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point f a (new)

Article 1 — paragraph 3 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | any recording in a register of rights in movable or immovable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fa)

(fa)

any recording in a register of rights in movable or immovable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and

any recording in a register of rights in movable or immovable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and

(Corresponds to Article 1, point (l), of Regulation (EU) No 650/2012.)

(Corresponds to Article 1, point (l), of Regulation (EU) No 650/2012.)

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point f b (new)

Article 1 — paragraph 3 — point f b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fb) | questions of entitlement to transfer or adjustment, in the case of a divorce, between spouses or former spouses, of rights to retirement or disability pensions accrued during marriage. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(fb)

(fb)

questions of entitlement to transfer or adjustment, in the case of a divorce, between spouses or former spouses, of rights to retirement or disability pensions accrued during marriage.

questions of entitlement to transfer or adjustment, in the case of a divorce, between spouses or former spouses, of rights to retirement or disability pensions accrued during marriage.

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point a

Article 2 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | ‘matrimonial property regime’: a set of rules
  concerning
  the property relationships of spouses, between the spouses and in respect of third parties; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

‘matrimonial property regime’: a set of rules
  concerning
  the property relationships of spouses, between the spouses and in respect of third parties;

concerning

| (a) | ‘matrimonial property regime’: a set of rules
  applicable to
  the property relationships of spouses, between the spouses and in respect of third parties
  , as a result of marriage
  ; |
| --- | --- |

(a)

‘matrimonial property regime’: a set of rules
  applicable to
  the property relationships of spouses, between the spouses and in respect of third parties
  , as a result of marriage
  ;

applicable to

, as a result of marriage

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point b

Article 2 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ‘marriage contract’: any agreement by which spouses organise their property relationships
  between themselves and in relation to third parties
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

‘marriage contract’: any agreement by which spouses organise their property relationships
  between themselves and in relation to third parties
  ;

between themselves and in relation to third parties

| (b) | ‘marriage contract’: any agreement by which spouses
  or future spouses
  organise their
  matrimonial
  property relationships; |
| --- | --- |

(b)

‘marriage contract’: any agreement by which spouses
  or future spouses
  organise their
  matrimonial
  property relationships;

or future spouses

matrimonial

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point c — introductory part

Article 2 — paragraph 1 — point c — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | ‘authentic instrument’: an instrument which has been
  officially
  drawn up or registered as an authentic instrument in
  the
  Member State
  of origin
  and the authenticity of which: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

‘authentic instrument’: an instrument which has been
  officially
  drawn up or registered as an authentic instrument in
  the
  Member State
  of origin
  and the authenticity of which:

officially

the

of origin

| (c) | ‘authentic instrument’: an instrument
  in property matters
  which has been
  formally
  drawn up or registered as an authentic instrument in
  a
  Member State and the authenticity of which: |
| --- | --- |

(c)

‘authentic instrument’: an instrument
  in property matters
  which has been
  formally
  drawn up or registered as an authentic instrument in
  a
  Member State and the authenticity of which:

in property matters

formally

a

(Corresponds to Article 3(1), point (i), of Regulation (EU) No 650/2012.)

(Corresponds to Article 3(1), point (i), of Regulation (EU) No 650/2012.)

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point d

Article 2 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | ‘decision’: any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called
  , including the terms ‘decree’, ‘judgment’, ‘order’ or ‘writ of execution’,
  and the determination of costs or expenses by an officer of the court; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

‘decision’: any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called
  , including the terms ‘decree’, ‘judgment’, ‘order’ or ‘writ of execution’,
  and the determination of costs or expenses by an officer of the court;

, including the terms ‘decree’, ‘judgment’, ‘order’ or ‘writ of execution’,

| (d) | ‘decision’: any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called, and the determination of costs or expenses by an officer of the court; |
| --- | --- |

(d)

‘decision’: any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called, and the determination of costs or expenses by an officer of the court;

(Corresponds to Article 3(1), point (g), of Regulation (EU) No 650/2012.)

(Corresponds to Article 3(1), point (g), of Regulation (EU) No 650/2012.)

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point e

Article 2 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | ‘Member State of origin’: the Member State in which
  , as the case may be,
  the decision has been given,
  the marriage contract concluded,
  the authentic instrument
  drawn up,
  the court settlement approved or
  the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

‘Member State of origin’: the Member State in which
  , as the case may be,
  the decision has been given,
  the marriage contract concluded,
  the authentic instrument
  drawn up,
  the court settlement approved or
  the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation
  ;

, as the case may be,

the marriage contract concluded,

drawn up,

the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation

| (e) | ‘Member State of origin’: the Member State in which the decision has been given, the authentic instrument
  established or
  the court settlement approved or
  concluded
  ; |
| --- | --- |

(e)

‘Member State of origin’: the Member State in which the decision has been given, the authentic instrument
  established or
  the court settlement approved or
  concluded
  ;

established or

concluded

(Corresponds to Article 3(1), point (e), of Regulation (EU) No 650/2012.)

(Corresponds to Article 3(1), point (e), of Regulation (EU) No 650/2012.)

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point f

Article 2 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | ‘Member State
  addressed’
  : the Member State in which
  recognition and/
  or enforcement of the decision,
  marriage contract,
  authentic instrument
  , court settlement, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation is requested
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

‘Member State
  addressed’
  : the Member State in which
  recognition and/
  or enforcement of the decision,
  marriage contract,
  authentic instrument
  , court settlement, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation is requested
  ;

addressed’

recognition and/

marriage contract,

, court settlement, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation is requested

| (f) | ‘Member State
  of enforcement’
  : the Member State in which
  the declaration of enforceability
  or enforcement of the decision,
  court settlement or
  authentic instrument
  is sought
  ; |
| --- | --- |

(f)

‘Member State
  of enforcement’
  : the Member State in which
  the declaration of enforceability
  or enforcement of the decision,
  court settlement or
  authentic instrument
  is sought
  ;

of enforcement’

the declaration of enforceability

court settlement or

is sought

(Corresponds to Article 3(1), point (f), of Regulation (EU) No 650/2012.)

(Corresponds to Article 3(1), point (f), of Regulation (EU) No 650/2012.)

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point g

Article 2 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | any competent judicial authority in the Member States which carries out a judicial function in matters of matrimonial property regimes, or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

(g)

any competent judicial authority in the Member States which carries out a judicial function in matters of matrimonial property regimes, or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation;

any competent judicial authority in the Member States which carries out a judicial function in matters of matrimonial property regimes, or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation;

deleted

deleted

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 a (new)

Article 2 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of matrimonial property regimes which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate: |
| | (a) | may be made the subject of an appeal to or review by a judicial authority; and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of matrimonial property regimes which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:

1a.

For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of matrimonial property regimes which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:

(a)

(a)

may be made the subject of an appeal to or review by a judicial authority; and

may be made the subject of an appeal to or review by a judicial authority; and

| (b) | have a similar force and effect as a decision of a judicial authority on the same matter. |
| --- | --- |

(b)

(b)

have a similar force and effect as a decision of a judicial authority on the same matter.

have a similar force and effect as a decision of a judicial authority on the same matter.

The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 37a.

The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 37a.

(This provision corresponds to Article 3(2) of Regulation (EU) No 650/2012.)

(This provision corresponds to Article 3(2) of Regulation (EU) No 650/2012.)

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article - 3 (new)

Article - 3 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 3 |
| | Jurisdiction in matters of matrimonial property regimes within the Member States |
| | This Regulation shall not affect domestic jurisdiction over matrimonial property cases in the Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article - 3

Article - 3

Jurisdiction in matters of matrimonial property regimes within the Member States

Jurisdiction in matters of matrimonial property regimes within the Member States

This Regulation shall not affect domestic jurisdiction over matrimonial property cases in the Member States.

This Regulation shall not affect domestic jurisdiction over matrimonial property cases in the Member States.

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 3

Article 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The courts of a Member State
  seised by an application concerning
  the succession of a spouse under Regulation
  (EC) ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
  shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the
  application
  . | The courts of a Member State seised
  in matters of
  the succession of a spouse under Regulation
  (EU) No 650/2012
  shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the
  succession case
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The courts of a Member State
  seised by an application concerning
  the succession of a spouse under Regulation
  (EC) ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
  shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the
  application
  .

seised by an application concerning

(EC) ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]

application

The courts of a Member State seised
  in matters of
  the succession of a spouse under Regulation
  (EU) No 650/2012
  shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the
  succession case
  .

in matters of

(EU) No 650/2012

succession case

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 4

Article 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003, shall also have jurisdiction,
  where the spouses so agree,
  to rule on matters of the matrimonial property regime arising in connection with the application. | The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003 shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the application
  , if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the spouses
  . |
| Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. | |
| Failing
  agreement between the spouses,
  jurisdiction
  is
  governed by
  Articles
   5 et seq. | Failing
  recognition of the jurisdiction of the court referred to in paragraph 1,
  jurisdiction
  shall be
  governed by
  Article
   5 et seq. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003, shall also have jurisdiction,
  where the spouses so agree,
  to rule on matters of the matrimonial property regime arising in connection with the application.

where the spouses so agree,

The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003 shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the application
  , if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the spouses
  .

, if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the spouses

Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties.

Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties.

Failing
  agreement between the spouses,
  jurisdiction
  is
  governed by
  Articles
   5 et seq.

agreement between the spouses,

is

Articles

Failing
  recognition of the jurisdiction of the court referred to in paragraph 1,
  jurisdiction
  shall be
  governed by
  Article
   5 et seq.

recognition of the jurisdiction of the court referred to in paragraph 1,

shall be

Article

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

Article 4 a (new)

Article 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4a |
| | Choice-of-court agreement |
| | 1.
     
  The spouses may agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Article 16 are to have jurisdiction to rule on matters of their matrimonial property regime. Such jurisdiction shall be exclusive. |
| | Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but no later than when the case is brought before the court. |
| | If the law of the forum so provides, the spouses may also choose the court after the case has been brought before the court. In that event, such choice shall be recorded in court in accordance with the law of the forum. |
| | If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by the spouses. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’. |
| | 2.
     
  The spouses may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 17 are to have jurisdiction. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 4a

Article 4a

Choice-of-court agreement

Choice-of-court agreement

1.
     
  The spouses may agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Article 16 are to have jurisdiction to rule on matters of their matrimonial property regime. Such jurisdiction shall be exclusive.

1.

The spouses may agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Article 16 are to have jurisdiction to rule on matters of their matrimonial property regime. Such jurisdiction shall be exclusive.

Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but no later than when the case is brought before the court.

Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but no later than when the case is brought before the court.

If the law of the forum so provides, the spouses may also choose the court after the case has been brought before the court. In that event, such choice shall be recorded in court in accordance with the law of the forum.

If the law of the forum so provides, the spouses may also choose the court after the case has been brought before the court. In that event, such choice shall be recorded in court in accordance with the law of the forum.

If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by the spouses. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.

If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by the spouses. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.

2.
     
  The spouses may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 17 are to have jurisdiction.

2.

The spouses may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 17 are to have jurisdiction.

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 4 b (new)

Article 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4b |
| | Jurisdiction based on the appearance of the defendant |
| | 1.
     
  Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article 16, or whose law is applicable under Article 17, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a. |
| | 2.
     
  Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 4b

Article 4b

Jurisdiction based on the appearance of the defendant

Jurisdiction based on the appearance of the defendant

1.
     
  Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article 16, or whose law is applicable under Article 17, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a.

1.

Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article 16, or whose law is applicable under Article 17, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a.

2.
     
  Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance.

2.

Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance.

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 5

Article 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1)
     
  In cases other than those provided for in
  Articles 3
  and
  4 jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State: | Where no court has jurisdiction pursuant to
  Articles 3, 4
  and 4a,
  jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State: |
| (a) | of the spouses' common habitual residence
  , or failing that, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1)
     
  In cases other than those provided for in
  Articles 3
  and
  4 jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State:

(1)

In cases other than those provided for in

and

Where no court has jurisdiction pursuant to
  Articles 3, 4
  and 4a,
  jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State:

Where no court has jurisdiction pursuant to

and 4a,

(a)

of the spouses' common habitual residence
  , or failing that,

of the spouses' common habitual residence

| (a) | in whose territory the spouses are habitually resident at the time when the court is seised
  , or failing that, |
| --- | --- |

(a)

in whose territory the spouses are habitually resident at the time when the court is seised
  , or failing that,

in whose territory the spouses are habitually resident at the time when the court is seised

| (b) | of the last common habitual residence
  if one of them still resides there, or, failing that, |
| --- | --- |

(b)

of the last common habitual residence
  if one of them still resides there, or, failing that,

of the last common habitual residence

| (b) | in whose territory the spouses were last habitually resident,
  if one of them still resides there
  at the time when the court is seised
  , or, failing that, |
| --- | --- |

(b)

in whose territory the spouses were last habitually resident,
  if one of them still resides there
  at the time when the court is seised
  , or, failing that,

in whose territory the spouses were last habitually resident,

at the time when the court is seised

| (c) | of the defendant's habitual residence
  , or failing that, |
| --- | --- |

(c)

of the defendant's habitual residence
  , or failing that,

of the defendant's habitual residence

| (c) | in whose territory the defendant is habitually resident at the time when the court is seised
  , or failing that, |
| --- | --- |

(c)

in whose territory the defendant is habitually resident at the time when the court is seised
  , or failing that,

in whose territory the defendant is habitually resident at the time when the court is seised

| (d) | of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of their common ‘domicile’. |
| --- | --- |

(d)

of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of their common ‘domicile’.

| (d) | of the nationality of both spouses
  at the time when the court is seised
  or, in the case of the United Kingdom and Ireland, of their common ‘domicile’
  , or failing that, |
| --- | --- |

(d)

of the nationality of both spouses
  at the time when the court is seised
  or, in the case of the United Kingdom and Ireland, of their common ‘domicile’
  , or failing that,

at the time when the court is seised

, or failing that,

(2)
     
  Both parties may also agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Articles 16 and 18 shall also have jurisdiction to rule on matters of their matrimonial property regime.

(2)

Both parties may also agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Articles 16 and 18 shall also have jurisdiction to rule on matters of their matrimonial property regime.

| (da) | of the nationality of the defendant or, in the case of the United Kingdom and Ireland, of his or her domicile. |
| --- | --- |

(da)

(da)

of the nationality of the defendant or, in the case of the United Kingdom and Ireland, of his or her domicile.

of the nationality of the defendant or, in the case of the United Kingdom and Ireland, of his or her domicile.

Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties.

Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties.

(With regard to paragraph 2, see amendment to Article 4a (new); the text has been altered.)

(With regard to paragraph 2, see amendment to Article 4a (new); the text has been altered.)

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 6

Article 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where no court has jurisdiction according to Articles 3, 4 and 5, the courts of a Member State shall have jurisdiction in so far as property or
  properties
  of one or both spouses are located in the territory of that Member State
  , but
  in that event the court seised shall have jurisdiction to rule only in respect of the property or
  properties
  in question. | Where no court
  of a Member State
  has jurisdiction pursuant to Articles 3, 4
  , 4a
  and 5, the courts of a Member State shall have jurisdiction in so far as
  immovable
  property or
  registered assets
  of one or both spouses are located in the territory of that Member State; in that event the court seised shall have jurisdiction to rule only in respect of the
  immovable
  property or
  registered assets
  in question. |
| | In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where no court has jurisdiction according to Articles 3, 4 and 5, the courts of a Member State shall have jurisdiction in so far as property or
  properties
  of one or both spouses are located in the territory of that Member State
  , but
  in that event the court seised shall have jurisdiction to rule only in respect of the property or
  properties
  in question.

according

properties

, but

properties

Where no court
  of a Member State
  has jurisdiction pursuant to Articles 3, 4
  , 4a
  and 5, the courts of a Member State shall have jurisdiction in so far as
  immovable
  property or
  registered assets
  of one or both spouses are located in the territory of that Member State; in that event the court seised shall have jurisdiction to rule only in respect of the
  immovable
  property or
  registered assets
  in question.

of a Member State

pursuant

, 4a

immovable

registered assets

immovable

registered assets

In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State.

In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State.

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 7

Article 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where no court of a Member State has jurisdiction under Articles 3, 4, 5 and 6, the courts of a Member State may,
  exceptionally and if the case has a sufficient connection with that Member State
  , rule on a matrimonial property regime case if proceedings
  would be impossible or
  cannot reasonably be brought or conducted in a third State. | Where no court of a Member State has jurisdiction pursuant to Articles 3, 4,
  4a,
  5 and 6, the courts of a Member State may,
  on an exceptional basis,
  rule on a matrimonial property regime case if proceedings cannot reasonably be brought or conducted
  , or would be impossible,
  in a third State
  with which the case is closely connected
  . |
| | The case must have a sufficient connection with the Member State of the court seised. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where no court of a Member State has jurisdiction under Articles 3, 4, 5 and 6, the courts of a Member State may,
  exceptionally and if the case has a sufficient connection with that Member State
  , rule on a matrimonial property regime case if proceedings
  would be impossible or
  cannot reasonably be brought or conducted in a third State.

under

exceptionally and if the case has a sufficient connection with that Member State

would be impossible or

Where no court of a Member State has jurisdiction pursuant to Articles 3, 4,
  4a,
  5 and 6, the courts of a Member State may,
  on an exceptional basis,
  rule on a matrimonial property regime case if proceedings cannot reasonably be brought or conducted
  , or would be impossible,
  in a third State
  with which the case is closely connected
  .

pursuant to

4a,

on an exceptional basis,

, or would be impossible,

with which the case is closely connected

The case must have a sufficient connection with the Member State of the court seised.

The case must have a sufficient connection with the Member State of the court seised.

(Corresponds to Article 11 of Regulation (EU) No 650/2012.)

(Corresponds to Article 11 of Regulation (EU) No 650/2012.)

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 8

Article 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. | The court seised pursuant to Articles 3, 4,
  4a,
  5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. |
| | If the court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation.

The court seised pursuant to Articles 3, 4,
  4a,
  5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation.

4a,

If the court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings.

If the court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings.

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 9

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| A court shall be deemed to be seised: | For the purposes of this Chapter,
  a court shall be deemed to be seised: |
| (a) | on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the
  plaintiff
  has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant,
  or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A court shall be deemed to be seised:

For the purposes of this Chapter,
  a court shall be deemed to be seised:

For the purposes of this Chapter,

(a)

on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the
  plaintiff
  has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant,
  or

plaintiff

or

| (a) | on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the
  applicant
  has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant, |
| --- | --- |

(a)

on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the
  applicant
  has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant,

applicant

| (b) | where
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court. |
| --- | --- |

(b)

where
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court.

where

| (b) | if
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court
  , or |
| --- | --- |

(b)

if
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court
  , or

if

, or

| (ba) | if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court
  . |
| --- | --- |

(ba)

(ba)

if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court
  .

if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court

(Corresponds to Article 14 of Regulation (EU) No 650/2012.)

(Corresponds to Article 14 of Regulation (EU) No 650/2012.)

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where proceedings involving the same cause of action and between the
  same parties
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. | 1.   Where proceedings involving the same cause of action and between the
  spouses
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where proceedings involving the same cause of action and between the
  same parties
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

same parties

1.   Where proceedings involving the same cause of action and between the
  spouses
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

spouses

(Corresponds to Article 17 of Regulation (EU) No 650/2012.)

(Corresponds to Article 17 of Regulation (EU) No 650/2012.)

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2

Article 13 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  parties
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. | 2.   Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  spouses
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  parties
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.

these

parties

2.   Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  spouses
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.

those

spouses

(Corresponds to Article 18 of Regulation (EU) No 650/2012.)

(Corresponds to Article 18 of Regulation (EU) No 650/2012.)

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 13 a (new)

Article 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 13a |
| | Provision of information to spouses |
| | The competent authority shall be obliged to inform the spouse(s), within a reasonable time, of any matrimonial property regime proceedings which are initiated against them. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 13a

Article 13a

Provision of information to spouses

Provision of information to spouses

The competent authority shall be obliged to inform the spouse(s), within a reasonable time, of any matrimonial property regime proceedings which are initiated against them.

The competent authority shall be obliged to inform the spouse(s), within a reasonable time, of any matrimonial property regime proceedings which are initiated against them.

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 14

Article 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| Provisional
  , including protective, measures
  provided for by the law of
  a Member State
  may be requested from the courts
  of that State, even
  where,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. | Application may be made to the courts of
  a Member State
  for such provisional
  , including protective, measures
  as may be available under the law
  of that State, even
  if,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Provisional
  , including protective, measures
  provided for by the law of
  a Member State
  may be requested from the courts
  of that State, even
  where,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.

Provisional

provided for by the law of

may be requested from the courts

where,

Application may be made to the courts of
  a Member State
  for such provisional
  , including protective, measures
  as may be available under the law
  of that State, even
  if,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.

Application may be made to the courts of

for such provisional

as may be available under the law

if,

(Corresponds to Article 19 of Regulation (EU) No 650/2012.)

(Corresponds to Article 19 of Regulation (EU) No 650/2012.)

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1

Article 15 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The law applicable to a matrimonial property regime under
  Article
  16, 17
  and 18
  shall apply to all
  the couple's property
  . | 1.
     The law applicable to a matrimonial property regime under
  Articles
  16
  and
  17 shall apply to all
  assets falling under that regime, regardless of their location
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The law applicable to a matrimonial property regime under
  Article
  16, 17
  and 18
  shall apply to all
  the couple's property
  .

Article

and 18

the couple's property

1.
     The law applicable to a matrimonial property regime under
  Articles
  16
  and
  17 shall apply to all
  assets falling under that regime, regardless of their location
  .

1.

Articles

and

assets falling under that regime, regardless of their location

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1 a (new)

Article 15 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The law applicable to a matrimonial property regime shall determine, without prejudice to points (f) and (fa) of Article 1(3), inter alia: |
| | (a) | the division of the spouses’ property into different categories before and after the marriage; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  The law applicable to a matrimonial property regime shall determine, without prejudice to points (f) and (fa) of Article 1(3), inter alia:

1a.

The law applicable to a matrimonial property regime shall determine, without prejudice to points (f) and (fa) of Article 1(3), inter alia:

(a)

(a)

the division of the spouses’ property into different categories before and after the marriage;

the division of the spouses’ property into different categories before and after the marriage;

| (b) | the transfer of property from one category to another; |
| --- | --- |

(b)

(b)

the transfer of property from one category to another;

the transfer of property from one category to another;

| (c) | liability for the other spouse’s debts, where necessary; |
| --- | --- |

(c)

(c)

liability for the other spouse’s debts, where necessary;

liability for the other spouse’s debts, where necessary;

| (d) | the spouses’ rights of disposal during the marriage; |
| --- | --- |

(d)

(d)

the spouses’ rights of disposal during the marriage;

the spouses’ rights of disposal during the marriage;

| (e) | dissolution and liquidation of the matrimonial property regime and division of property in the event of dissolution of the marriage; |
| --- | --- |

(e)

(e)

dissolution and liquidation of the matrimonial property regime and division of property in the event of dissolution of the marriage;

dissolution and liquidation of the matrimonial property regime and division of property in the event of dissolution of the marriage;

| (f) | the impact of the matrimonial property regime on a legal relationship between one of the spouses and a third party on the basis of Article 35; |
| --- | --- |

(f)

(f)

the impact of the matrimonial property regime on a legal relationship between one of the spouses and a third party on the basis of Article 35;

the impact of the matrimonial property regime on a legal relationship between one of the spouses and a third party on the basis of Article 35;

| (g) | the material validity of a matrimonial property agreement. |
| --- | --- |

(g)

(g)

the material validity of a matrimonial property agreement.

the material validity of a matrimonial property agreement.

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 15 a (new)

Article 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 15a |
| | Universal application |
| | Any law specified by this Regulation shall be applied whether or not it is the law of a Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 15a

Article 15a

Universal application

Universal application

Any law specified by this Regulation shall be applied whether or not it is the law of a Member State.

Any law specified by this Regulation shall be applied whether or not it is the law of a Member State.

(See amendment to Article 21; the text has been altered.)

(See amendment to Article 21; the text has been altered.)

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 16

Article 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| The spouses or future spouses may
  choose
  the law applicable to their matrimonial property regime, as long as it is one of the following laws: | 1.
     The spouses or future spouses may
  agree to designate or to change
  the law applicable to their matrimonial property regime, as long as it is one of the following laws: |
| (a) | the law of the State of the habitual common residence of the spouses or future spouses, or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The spouses or future spouses may
  choose
  the law applicable to their matrimonial property regime, as long as it is one of the following laws:

choose

1.
     The spouses or future spouses may
  agree to designate or to change
  the law applicable to their matrimonial property regime, as long as it is one of the following laws:

1.

agree to designate or to change

(a)

(a)

the law of the State of the habitual common residence of the spouses or future spouses, or

the law of the State of the habitual common residence of the spouses or future spouses, or

| (b) | the law of the State
  of habitual residence of one of
  the spouses at the time
  this choice is made
  , or |
| --- | --- |

(b)

(b)

the law of the State
  of habitual residence of one of
  the spouses at the time
  this choice is made
  , or

of habitual residence of one of

this choice is made

| (a) | the law of the State
  where
  the spouses
  or future spouses, or one of them, is/are habitually resident
  at the time
  when the agreement is concluded
  , or |
| --- | --- |

(a)

(a)

the law of the State
  where
  the spouses
  or future spouses, or one of them, is/are habitually resident
  at the time
  when the agreement is concluded
  , or

where

or future spouses, or one of them, is/are habitually resident

when the agreement is concluded

| (c) | the law of
  the
  State of which one of the spouses or future spouses is a national at the time
  this choice is made
  . |
| --- | --- |

(c)

(c)

the law of
  the
  State of which one of the spouses or future spouses is a national at the time
  this choice is made
  .

the

this choice is made

| (b) | the law of
  a
  State of which one of the spouses or future spouses is a national at the time
  when the agreement is concluded
  . |
| --- | --- |

(b)

(b)

the law of
  a
  State of which one of the spouses or future spouses is a national at the time
  when the agreement is concluded
  .

a

when the agreement is concluded

2.
     
  Unless the spouses agree otherwise, a change of the law applicable to the matrimonial property regime made during the marriage shall have prospective effect only.

2.

Unless the spouses agree otherwise, a change of the law applicable to the matrimonial property regime made during the marriage shall have prospective effect only.

3.
     
  If the spouses choose to make that change of applicable law retroactive, its retroactive effect shall not affect the validity of previous transactions entered into under the law hitherto applicable or the rights of third parties deriving from the law previously applicable.

3.

If the spouses choose to make that change of applicable law retroactive, its retroactive effect shall not affect the validity of previous transactions entered into under the law hitherto applicable or the rights of third parties deriving from the law previously applicable.

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 1 — introductory part

Article 17 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   If
  the spouses do not make a choice
  , the law applicable to the matrimonial property regime shall be: | 1.   If
  no choice-of-law agreement is made pursuant to Article 16
  , the law applicable to the matrimonial property regime shall be: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   If
  the spouses do not make a choice
  , the law applicable to the matrimonial property regime shall be:

the spouses do not make a choice

1.   If
  no choice-of-law agreement is made pursuant to Article 16
  , the law applicable to the matrimonial property regime shall be:

no choice-of-law agreement is made pursuant to Article 16

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 1 — point a

Article 17 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the law of the State of the spouses' first common habitual residence after their marriage or, failing that, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the law of the State of the spouses' first common habitual residence after their marriage or, failing that,

| (a) | the law of the State of the spouses’
  common habitual residence at the time of marriage or of their
  first common habitual residence after their marriage or, failing that, |
| --- | --- |

(a)

the law of the State of the spouses’
  common habitual residence at the time of marriage or of their
  first common habitual residence after their marriage or, failing that,

common habitual residence at the time of marriage or of their

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 1 — point c

Article 17 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the law of the State with which the spouses jointly have the closest links, taking into account all the circumstances,
  in particular
  the place where the marriage was celebrated. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the law of the State with which the spouses jointly have the closest links, taking into account all the circumstances,
  in particular
  the place where the marriage was celebrated.

in particular

| (c) | the law of the State with which the spouses jointly have the closest links
  at the time of
  the marriage, taking into account all the circumstances,
  regardless of
  the place where the marriage was celebrated. |
| --- | --- |

(c)

the law of the State with which the spouses jointly have the closest links
  at the time of
  the marriage, taking into account all the circumstances,
  regardless of
  the place where the marriage was celebrated.

at the time of

regardless of

Amendment 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 18

Article 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 18 | deleted |
| Change of applicable law | |
| The spouses may, at any time during the marriage, make their matrimonial property regime subject to a law other than the one hitherto applicable. They may designate only one of the following laws: | |
| (a) | the law of the State of habitual residence of one of the spouses at the time this choice is made; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 18

Article 18

deleted

deleted

Change of applicable law

Change of applicable law

The spouses may, at any time during the marriage, make their matrimonial property regime subject to a law other than the one hitherto applicable. They may designate only one of the following laws:

The spouses may, at any time during the marriage, make their matrimonial property regime subject to a law other than the one hitherto applicable. They may designate only one of the following laws:

(a)

(a)

the law of the State of habitual residence of one of the spouses at the time this choice is made;

the law of the State of habitual residence of one of the spouses at the time this choice is made;

| (b) | the law of a State of which one of the spouses is a national at the time this choice is made. |
| --- | --- |

(b)

(b)

the law of a State of which one of the spouses is a national at the time this choice is made.

the law of a State of which one of the spouses is a national at the time this choice is made.

Unless the spouses desire otherwise, a change of the law applicable to the matrimonial property regime made during the marriage shall be effective only in the future.

Unless the spouses desire otherwise, a change of the law applicable to the matrimonial property regime made during the marriage shall be effective only in the future.

If the spouses choose to make this change of applicable law retrospective, the retrospective effect may not affect the validity of previous transactions entered into under the law applicable hitherto or the rights of third parties deriving from the law previously applicable.

If the spouses choose to make this change of applicable law retrospective, the retrospective effect may not affect the validity of previous transactions entered into under the law applicable hitherto or the rights of third parties deriving from the law previously applicable.

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 19

Article 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The choice of applicable law
  shall be made in the way specified for the marriage contract, either by the law of the State chosen or by the law of the State in which the document is drawn up. | 1.   
  The agreement on
  the choice of applicable law
  referred to in Article 16 shall be expressed in writing, dated and signed by both spouses. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing. |
| 2.   
  Notwithstanding paragraph 1, the choice must at least be made expressly in a document dated and signed by both spouses. | 2.   
  That agreement shall comply with the formal requirements of the law applicable to the matrimonial property regime or of the law of the State in which the agreement was concluded. |
| 3.   If the law of the
  Member
  State in which
  the
  spouses have their
  common
  habitual residence at the time of the choice
  referred to in paragraph 1
  provides for additional formal requirements for the marriage contract, these requirements
  must be complied with
  . | 3.   
  However,
  if the law of the State in which
  both
  spouses have their habitual residence at the time of
  their agreement on
  the choice
  of applicable law
  provides for additional formal requirements for
  agreements of that type or, failing that,
  for the marriage contract, those requirements
  shall apply
  . |
| | 4.
     
  If the spouses are habitually resident in different States at the time of their agreement on the choice of the applicable law and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws. |
| | 5.
     
  If only one of the spouses is habitually resident in a Member State at the time when the agreement is concluded and that State lays down additional formal requirements for agreements of that type, those requirements shall apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The choice of applicable law
  shall be made in the way specified for the marriage contract, either by the law of the State chosen or by the law of the State in which the document is drawn up.

shall be made in the way specified for the marriage contract, either by the law of the State chosen or by the law of the State in which the document is drawn up.

1.   
  The agreement on
  the choice of applicable law
  referred to in Article 16 shall be expressed in writing, dated and signed by both spouses. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing.

The agreement on

referred to in Article 16 shall be expressed in writing, dated and signed by both spouses. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing.

2.   
  Notwithstanding paragraph 1, the choice must at least be made expressly in a document dated and signed by both spouses.

Notwithstanding paragraph 1, the choice must at least be made expressly in a document dated and signed by both spouses.

2.   
  That agreement shall comply with the formal requirements of the law applicable to the matrimonial property regime or of the law of the State in which the agreement was concluded.

That agreement shall comply with the formal requirements of the law applicable to the matrimonial property regime or of the law of the State in which the agreement was concluded.

3.   If the law of the
  Member
  State in which
  the
  spouses have their
  common
  habitual residence at the time of the choice
  referred to in paragraph 1
  provides for additional formal requirements for the marriage contract, these requirements
  must be complied with
  .

Member

the

common

referred to in paragraph 1

these

must be complied with

3.   
  However,
  if the law of the State in which
  both
  spouses have their habitual residence at the time of
  their agreement on
  the choice
  of applicable law
  provides for additional formal requirements for
  agreements of that type or, failing that,
  for the marriage contract, those requirements
  shall apply
  .

However,

both

their agreement on

of applicable law

agreements of that type or, failing that,

those

shall apply

4.
     
  If the spouses are habitually resident in different States at the time of their agreement on the choice of the applicable law and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.

4.

If the spouses are habitually resident in different States at the time of their agreement on the choice of the applicable law and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.

5.
     
  If only one of the spouses is habitually resident in a Member State at the time when the agreement is concluded and that State lays down additional formal requirements for agreements of that type, those requirements shall apply.

5.

If only one of the spouses is habitually resident in a Member State at the time when the agreement is concluded and that State lays down additional formal requirements for agreements of that type, those requirements shall apply.

(Similar to Article 5(2) of Regulation (EU) No 650/2012.)

(Similar to Article 5(2) of Regulation (EU) No 650/2012.)

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 20

Article 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| Law applicable to the form of
  marriage contract | Formal requirements
  for a marriage contract |
| 1.
     The
  form of the
  marriage contract shall be
  that prescribed by the law applicable to the matrimonial property regime or by the law of the State where the contract is drawn up. | The
  formal aspects of a
  marriage contract shall be
  governed mutatis mutandis by Article 19
  .
  Any additional formal requirements within the meaning of Article 19(3) shall for the purposes of this Article relate only to the marriage contract. |
| 2.
     
  Notwithstanding paragraph 1, the marriage contract must at least be set out in a document dated and signed by both spouses. | |
| 3.
     
  If the law of the Member State in which the spouses have their common habitual residence at the time the marriage contract is concluded provides for additional formal requirements for that contract, these requirements must be complied with. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Law applicable to the form of
  marriage contract

Law applicable to the form of

Formal requirements
  for a marriage contract

Formal requirements

1.
     The
  form of the
  marriage contract shall be
  that prescribed by the law applicable to the matrimonial property regime or by the law of the State where the contract is drawn up.

1.

form of the

that prescribed by the law applicable to the matrimonial property regime or by the law of the State where the contract is drawn up.

The
  formal aspects of a
  marriage contract shall be
  governed mutatis mutandis by Article 19
  .
  Any additional formal requirements within the meaning of Article 19(3) shall for the purposes of this Article relate only to the marriage contract.

formal aspects of a

governed mutatis mutandis by Article 19

Any additional formal requirements within the meaning of Article 19(3) shall for the purposes of this Article relate only to the marriage contract.

2.
     
  Notwithstanding paragraph 1, the marriage contract must at least be set out in a document dated and signed by both spouses.

2.

Notwithstanding paragraph 1, the marriage contract must at least be set out in a document dated and signed by both spouses.

3.
     
  If the law of the Member State in which the spouses have their common habitual residence at the time the marriage contract is concluded provides for additional formal requirements for that contract, these requirements must be complied with.

3.

If the law of the Member State in which the spouses have their common habitual residence at the time the marriage contract is concluded provides for additional formal requirements for that contract, these requirements must be complied with.

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 20 a (new)

Article 20 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 20a |
| | Adaptation of rights in rem |
| | Where a person invokes a right in rem to which he or she is entitled under the law applicable to the matrimonial property regime and the law of the Member State in which the right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 20a

Article 20a

Adaptation of rights in rem

Adaptation of rights in rem

Where a person invokes a right in rem to which he or she is entitled under the law applicable to the matrimonial property regime and the law of the Member State in which the right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it.

Where a person invokes a right in rem to which he or she is entitled under the law applicable to the matrimonial property regime and the law of the Member State in which the right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it.

(Corresponds to Article 31 of Regulation (EU) No 650/2012.)

(Corresponds to Article 31 of Regulation (EU) No 650/2012.)

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Article 21

Article 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 21 | deleted |
| Universal nature of the conflict-of-law rule | |
| Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 21

Article 21

deleted

deleted

Universal nature of the conflict-of-law rule

Universal nature of the conflict-of-law rule

Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State.

Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State.

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 22

Article 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the matrimonial property regime under this Regulation. | 1.
     
  Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination. |
| | 2.
     
  This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 35. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the matrimonial property regime under this Regulation.

The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the matrimonial property regime under this Regulation.

1.
     
  Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination.

1.

Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination.

2.
     
  This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 35.

2.

This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 35.

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Article 23

Article 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| The application of a rule of the law determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum. | The application of a rule of the law
  of any State
  determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The application of a rule of the law determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum.

The application of a rule of the law
  of any State
  determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum.

of any State

(Corresponds to Article 35 of Regulation (EU) No 650/2012.)

(Corresponds to Article 35 of Regulation (EU) No 650/2012.)

Amendment 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Article 24

Article 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where this Regulation provides for the application of the law of a State, it
  means
  the rules of
  substantive
  law in force in that State other than its rules of private international law. | Where this Regulation provides for the application of the law of a State, it
  refers to
  the rules of law in force in that State other than its rules of private international law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where this Regulation provides for the application of the law of a State, it
  means
  the rules of
  substantive
  law in force in that State other than its rules of private international law.

means

substantive

Where this Regulation provides for the application of the law of a State, it
  refers to
  the rules of law in force in that State other than its rules of private international law.

refers to

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 25

Article 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| States with
  two or more
  legal
  systems
  — territorial conflicts of laws | States with
  more than one
  legal
  system
  — territorial conflicts of laws |
| | 1.
     Where
  the law specified by this Regulation is that of
  a State
  which
  comprises several territorial units each of which has its own
  rules
  of law
  in respect of matrimonial property regimes, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply. |
| Where a State comprises several territorial units each of which has its own
  system
  of law
  or its own rules concerning matters governed by this Regulation: | 1a.
     
  In the absence of such internal conflict-of-laws rules: |
| (a) | any reference to the law of
  that
  State shall
  be construed
  , for the purposes of determining the law applicable
  under this Regulation
  , as
  a reference
  to the law
  in force in
  the
  relevant
  territorial unit; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

States with
  two or more
  legal
  systems
  — territorial conflicts of laws

two or more

systems

States with
  more than one
  legal
  system
  — territorial conflicts of laws

more than one

system

1.
     Where
  the law specified by this Regulation is that of
  a State
  which
  comprises several territorial units each of which has its own
  rules
  of law
  in respect of matrimonial property regimes, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply.

1.

the law specified by this Regulation is that of

which

rules

in respect of matrimonial property regimes, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply.

Where a State comprises several territorial units each of which has its own
  system
  of law
  or its own rules concerning matters governed by this Regulation:

system

or its own rules concerning matters governed by this Regulation:

1a.
     
  In the absence of such internal conflict-of-laws rules:

1a.

In the absence of such internal conflict-of-laws rules:

(a)

any reference to the law of
  that
  State shall
  be construed
  , for the purposes of determining the law applicable
  under this Regulation
  , as
  a reference
  to the law
  in force in
  the
  relevant
  territorial unit;

that

be construed

under this Regulation

a reference

in force in

relevant

| (a) | any reference to the law of
  the
  State
  referred to in paragraph 1
  shall, for the purposes of determining the law applicable
  pursuant to provisions referring to the habitual residence of the spouses
  ,
  be construed
  as
  referring
  to the law
  of
  the territorial unit
  in which the spouses have their habitual residence
  ; |
| --- | --- |

(a)

any reference to the law of
  the
  State
  referred to in paragraph 1
  shall, for the purposes of determining the law applicable
  pursuant to provisions referring to the habitual residence of the spouses
  ,
  be construed
  as
  referring
  to the law
  of
  the territorial unit
  in which the spouses have their habitual residence
  ;

the

referred to in paragraph 1

pursuant to provisions referring to the habitual residence of the spouses

be construed

referring

of

in which the spouses have their habitual residence

| (b) | any reference to
  habitual residence in that State
  shall be construed as a reference to
  habitual residence in a
  territorial unit; |
| --- | --- |

(b)

any reference to
  habitual residence in that State
  shall be construed as a reference to
  habitual residence in a
  territorial unit;

habitual residence in that State

habitual residence in a

| (b) | any reference to
  the law of the State referred to in paragraph 1
  shall
  , for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the spouses,
  be construed as a reference to
  the law of the
  territorial unit
  with which the spouses have the closest connection
  ; |
| --- | --- |

(b)

any reference to
  the law of the State referred to in paragraph 1
  shall
  , for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the spouses,
  be construed as a reference to
  the law of the
  territorial unit
  with which the spouses have the closest connection
  ;

the law of the State referred to in paragraph 1

, for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the spouses,

the law of the

with which the spouses have the closest connection

| (c) | any reference to
  nationality shall refer to the territorial unit determined by the law of that State, or, in the absence of relevant rules, to the territorial unit chosen by the parties or, in absence of such a choice, to
  the territorial unit
  with which the spouse or spouses has or have the closest connection
  . |
| --- | --- |

(c)

any reference to
  nationality shall refer to the territorial unit determined by the law of that State, or, in the absence of relevant rules, to the territorial unit chosen by the parties or, in absence of such a choice, to
  the territorial unit
  with which the spouse or spouses has or have the closest connection
  .

nationality shall refer to the territorial unit determined by the law of that State, or, in the absence of relevant rules, to the territorial unit chosen by the parties or, in absence of such a choice, to

with which the spouse or spouses has or have the closest connection

| (c) | any reference to
  the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring to the law of
  the territorial unit
  in which the relevant element is located
  . |
| --- | --- |

(c)

any reference to
  the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring to the law of
  the territorial unit
  in which the relevant element is located
  .

the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring to the law of

in which the relevant element is located

(Corresponds to Article 36 of Regulation (EU) No 650/2012.)

(Corresponds to Article 36 of Regulation (EU) No 650/2012.)

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 25 a (new)

Article 25 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 25a |
| | States with more than one legal system — inter-personal conflicts of laws |
| | In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of matrimonial property regimes, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the spouses have the closest connection shall apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 25a

Article 25a

States with more than one legal system — inter-personal conflicts of laws

States with more than one legal system — inter-personal conflicts of laws

In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of matrimonial property regimes, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the spouses have the closest connection shall apply.

In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of matrimonial property regimes, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the spouses have the closest connection shall apply.

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 25 b (new)

Article 25 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 25b |
| | Non-application of this Regulation to internal conflicts of laws |
| | A Member State which comprises several territorial units each of which has its own rules of law in respect of matrimonial property regimes shall not be required to apply this Regulation to conflicts of laws arising between such units only. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 25b

Article 25b

Non-application of this Regulation to internal conflicts of laws

Non-application of this Regulation to internal conflicts of laws

A Member State which comprises several territorial units each of which has its own rules of law in respect of matrimonial property regimes shall not be required to apply this Regulation to conflicts of laws arising between such units only.

A Member State which comprises several territorial units each of which has its own rules of law in respect of matrimonial property regimes shall not be required to apply this Regulation to conflicts of laws arising between such units only.

(Corresponds to Article 38 of Regulation (EU) No 650/2012.)

(Corresponds to Article 38 of Regulation (EU) No 650/2012.)

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 2

Article 26 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  [38 to 56] of Regulation (EC) No 44/2001
  , apply for
  the
  decision to be recognised. | 2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  31b to 31o
  , apply for
  that
  decision to be recognised. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  [38 to 56] of Regulation (EC) No 44/2001
  , apply for
  the
  decision to be recognised.

[38 to 56] of Regulation (EC) No 44/2001

the

2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  31b to 31o
  , apply for
  that
  decision to be recognised.

31b to 31o

that

(Corresponds to Article 39 of Regulation (EU) No 650/2012.)

(Corresponds to Article 39 of Regulation (EU) No 650/2012.)

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 27 — point a

Article 27 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | such recognition is manifestly contrary to public policy in the Member State
  addressed
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

such recognition is manifestly contrary to public policy in the Member State
  addressed
  ;

addressed

| (a) | such recognition is manifestly contrary to public policy in the Member State
  in which recognition is sought
  ; |
| --- | --- |

(a)

such recognition is manifestly contrary to public policy in the Member State
  in which recognition is sought
  ;

in which recognition is sought

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

Article 27 — point c

Article 27 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | it is irreconcilable with a decision given in
  a matter
  between the same parties in the Member State
  addressed
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

it is irreconcilable with a decision given in
  a matter
  between the same parties in the Member State
  addressed
  ;

a matter

addressed

| (c) | if it is irreconcilable with a decision given in
  proceedings
  between the same parties in the Member State
  in which recognition is sought
  ; |
| --- | --- |

(c)

if it is irreconcilable with a decision given in
  proceedings
  between the same parties in the Member State
  in which recognition is sought
  ;

proceedings

in which recognition is sought

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

Article 27 — point d

Article 27 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  addressed
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  addressed
  .

addressed

| (d) | if it is irreconcilable with an earlier decision given in another Member State or in a third State
  in proceedings
  involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  in which recognition is sought
  . |
| --- | --- |

(d)

if it is irreconcilable with an earlier decision given in another Member State or in a third State
  in proceedings
  involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  in which recognition is sought
  .

in proceedings

in which recognition is sought

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 29

Article 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| Under no circumstances may a
  foreign
  decision be reviewed as to its substance. | Under no circumstances may a decision
  given in a Member State
  be reviewed as to its substance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Under no circumstances may a
  foreign
  decision be reviewed as to its substance.

foreign

Under no circumstances may a decision
  given in a Member State
  be reviewed as to its substance.

given in a Member State

(Corresponds to Article 41 of Regulation (EU) No 650/2012.)

(Corresponds to Article 41 of Regulation (EU) No 650/2012.)

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Article 30

Article 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged. | A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged
  in the Member State of origin
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged.

A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged
  in the Member State of origin
  .

in the Member State of origin

(Corresponds to Article 42 of Regulation (EU) No 650/2012.)

(Corresponds to Article 42 of Regulation (EU) No 650/2012.)

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

Article 31

Article 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| Decisions given in a Member State
  where they are
  enforceable shall be
  enforced
  in
  the other
  Member
  States
  i
  n accordance with Articles [38 to 56 and 58] of Regulation (EC) No 44/2001
  . | Decisions given in a Member State
  and
  enforceable
  in that State
  shall be
  enforceable
  in
  another
  Member
  State when, on the application of any interested party, they have been declared enforceable there in accordance with the procedure laid down in Articles 31b to 31o. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Decisions given in a Member State
  where they are
  enforceable shall be
  enforced
  in
  the other
  Member
  States
  i
  n accordance with Articles [38 to 56 and 58] of Regulation (EC) No 44/2001
  .

where they are

enforced

the other

States

n accordance with Articles [38 to 56 and 58] of Regulation (EC) No 44/2001

Decisions given in a Member State
  and
  enforceable
  in that State
  shall be
  enforceable
  in
  another
  Member
  State when, on the application of any interested party, they have been declared enforceable there in accordance with the procedure laid down in Articles 31b to 31o.

and

in that State

enforceable

another

State when, on the application of any interested party, they have been declared enforceable there in accordance with the procedure laid down in Articles 31b to 31o.

(Corresponds to Article 43 of Regulation (EU) No 650/2012.)

(Corresponds to Article 43 of Regulation (EU) No 650/2012.)

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 31 a (new)

Article 31 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31a |
| | Determination of domicile |
| | To determine whether, for the purposes of the procedure provided for in Articles 31b to 31o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31a

Article 31a

Determination of domicile

Determination of domicile

To determine whether, for the purposes of the procedure provided for in Articles 31b to 31o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State.

To determine whether, for the purposes of the procedure provided for in Articles 31b to 31o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State.

(Corresponds to Article 44 of Regulation (EU) No 650/2012.)

(Corresponds to Article 44 of Regulation (EU) No 650/2012.)

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 31 b (new)

Article 31 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31b |
| | Jurisdiction of local courts |
| | 1.
     
  The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement communicated by that Member State to the Commission in accordance with Article 37. |
| | 2.
     
  The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31b

Article 31b

Jurisdiction of local courts

Jurisdiction of local courts

1.
     
  The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement communicated by that Member State to the Commission in accordance with Article 37.

1.

The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement communicated by that Member State to the Commission in accordance with Article 37.

2.
     
  The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.

2.

The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.

(Corresponds to Article 45 of Regulation (EU) No 650/2012.)

(Corresponds to Article 45 of Regulation (EU) No 650/2012.)

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 31 c (new)

Article 31 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31c |
| | Procedure |
| | 1.
     
  The application procedure shall be governed by the law of the Member State of enforcement. |
| | 2.
     
  The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement. |
| | 3.
     
  The application shall be accompanied by the following documents: |
| | (a) | a copy of the decision which satisfies the conditions necessary to establish its authenticity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31c

Article 31c

Procedure

Procedure

1.
     
  The application procedure shall be governed by the law of the Member State of enforcement.

1.

The application procedure shall be governed by the law of the Member State of enforcement.

2.
     
  The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement.

2.

The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement.

3.
     
  The application shall be accompanied by the following documents:

3.

The application shall be accompanied by the following documents:

(a)

(a)

a copy of the decision which satisfies the conditions necessary to establish its authenticity;

a copy of the decision which satisfies the conditions necessary to establish its authenticity;

| (b) | the attestation issued by the court or competent authority of the Member State of origin using the form established in accordance with the advisory procedure referred to in Article 37c(2), without prejudice to Article 31d. |
| --- | --- |

(b)

(b)

the attestation issued by the court or competent authority of the Member State of origin using the form established in accordance with the advisory procedure referred to in Article 37c(2), without prejudice to Article 31d.

the attestation issued by the court or competent authority of the Member State of origin using the form established in accordance with the advisory procedure referred to in Article 37c(2), without prejudice to Article 31d.

(Corresponds to Article 46 of Regulation (EU) No 650/2012.)

(Corresponds to Article 46 of Regulation (EU) No 650/2012.)

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 31 d (new)

Article 31 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31d |
| | Non-production of the attestation |
| | 1.
     
  If the attestation referred to in point (b) of Article 31c(3) is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production. |
| | 2.
     
  If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31d

Article 31d

Non-production of the attestation

Non-production of the attestation

1.
     
  If the attestation referred to in point (b) of Article 31c(3) is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production.

1.

If the attestation referred to in point (b) of Article 31c(3) is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production.

2.
     
  If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States.

2.

If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States.

(Corresponds to Article 47 of Regulation (EU) No 650/2012.)

(Corresponds to Article 47 of Regulation (EU) No 650/2012.)

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 31 e (new)

Article 31 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31e |
| | Declaration of enforceability |
| | The decision shall be declared enforceable immediately on completion of the formalities in Article 31c without any review under Article 27. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31e

Article 31e

Declaration of enforceability

Declaration of enforceability

The decision shall be declared enforceable immediately on completion of the formalities in Article 31c without any review under Article 27. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

The decision shall be declared enforceable immediately on completion of the formalities in Article 31c without any review under Article 27. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

(Corresponds to Article 48 of Regulation (EU) No 650/2012.)

(Corresponds to Article 48 of Regulation (EU) No 650/2012.)

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 31 f (new)

Article 31 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31f |
| | Notice of the decision on the application for a declaration of enforceability |
| | 1.
     
  The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement. |
| | 2.
     
  The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31f

Article 31f

Notice of the decision on the application for a declaration of enforceability

Notice of the decision on the application for a declaration of enforceability

1.
     
  The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement.

1.

The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement.

2.
     
  The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party.

2.

The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party.

(Corresponds to Article 49 of Regulation (EU) No 650/2012.)

(Corresponds to Article 49 of Regulation (EU) No 650/2012.)

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

Article 31 g (new)

Article 31 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31 g |
| | Appeal against the decision on the application for a declaration of enforceability |
| | 1.
     
  The decision on the application for a declaration of enforceability may be appealed against by either party. |
| | 2.
     
  The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 37. |
| | 3.
     
  The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters. |
| | 4.
     
  If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States. |
| | 5.
     
  An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31 g

Article 31 g

Appeal against the decision on the application for a declaration of enforceability

Appeal against the decision on the application for a declaration of enforceability

1.
     
  The decision on the application for a declaration of enforceability may be appealed against by either party.

1.

The decision on the application for a declaration of enforceability may be appealed against by either party.

2.
     
  The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 37.

2.

The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 37.

3.
     
  The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.

3.

The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.

4.
     
  If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States.

4.

If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States.

5.
     
  An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance.

5.

An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance.

(Corresponds to Article 50 of Regulation (EU) No 650/2012.)

(Corresponds to Article 50 of Regulation (EU) No 650/2012.)

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

Article 31 h (new)

Article 31 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31h |
| | Procedure to contest the decision given on appeal |
| | The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 37. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31h

Article 31h

Procedure to contest the decision given on appeal

Procedure to contest the decision given on appeal

The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 37.

The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 37.

(Corresponds to Article 51 of Regulation (EU) No 650/2012.)

(Corresponds to Article 51 of Regulation (EU) No 650/2012.)

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 31 i (new)

Article 31 i (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31i |
| | Refusal or revocation of a declaration of enforceability |
| | The court with which an appeal is lodged under Article 31 g or Article 31h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 27. It shall give its decision without delay. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31i

Article 31i

Refusal or revocation of a declaration of enforceability

Refusal or revocation of a declaration of enforceability

The court with which an appeal is lodged under Article 31 g or Article 31h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 27. It shall give its decision without delay.

The court with which an appeal is lodged under Article 31 g or Article 31h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 27. It shall give its decision without delay.

(Corresponds to Article 52 of Regulation (EU) No 650/2012.)

(Corresponds to Article 52 of Regulation (EU) No 650/2012.)

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 31 j (new)

Article 31 j (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31j |
| | Staying of proceedings |
| | The court with which an appeal is lodged under Article 31 g or Article 31h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31j

Article 31j

Staying of proceedings

Staying of proceedings

The court with which an appeal is lodged under Article 31 g or Article 31h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal.

The court with which an appeal is lodged under Article 31 g or Article 31h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal.

(Corresponds to Article 53 of Regulation (EU) No 650/2012.)

(Corresponds to Article 53 of Regulation (EU) No 650/2012.)

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 31 k (new)

Article 31 k (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31k |
| | Provisional, including protective, measures |
| | 1.
     
  When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 31e being required. |
| | 2.
     
  The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures. |
| | 3.
     
  During the time specified for an appeal pursuant to Article 31 g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31k

Article 31k

Provisional, including protective, measures

Provisional, including protective, measures

1.
     
  When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 31e being required.

1.

When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 31e being required.

2.
     
  The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures.

2.

The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures.

3.
     
  During the time specified for an appeal pursuant to Article 31 g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.

3.

During the time specified for an appeal pursuant to Article 31 g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.

(Corresponds to Article 54 of Regulation (EU) No 650/2012.)

(Corresponds to Article 54 of Regulation (EU) No 650/2012.)

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 31 l (new)

Article 31 l (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31l |
| | Partial enforceability |
| | 1.
     
  Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them. |
| | 2.
     
  An applicant may request a declaration of enforceability limited to parts of a decision. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31l

Article 31l

Partial enforceability

Partial enforceability

1.
     
  Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.

1.

Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.

2.
     
  An applicant may request a declaration of enforceability limited to parts of a decision.

2.

An applicant may request a declaration of enforceability limited to parts of a decision.

(Corresponds to Article 55 of Regulation (EU) No 650/2012.)

(Corresponds to Article 55 of Regulation (EU) No 650/2012.)

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 31 m (new)

Article 31 m (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31m |
| | Legal aid |
| | An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31m

Article 31m

Legal aid

Legal aid

An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement.

An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement.

(Corresponds to Article 56 of Regulation (EU) No 650/2012.)

(Corresponds to Article 56 of Regulation (EU) No 650/2012.)

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 31 n (new)

Article 31 n (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31n |
| | No security, bond or deposit |
| | No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31n

Article 31n

No security, bond or deposit

No security, bond or deposit

No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement.

No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement.

(Corresponds to Article 57 of Regulation (EU) No 650/2012.)

(Corresponds to Article 57 of Regulation (EU) No 650/2012.)

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 31 o (new)

Article 31 o (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31o |
| | No charge, duty or fee |
| | In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 31o

Article 31o

No charge, duty or fee

No charge, duty or fee

In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement.

In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement.

(Corresponds to Article 58 of Regulation (EU) No 650/2012.)

(Corresponds to Article 58 of Regulation (EU) No 650/2012.)

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 32

Article 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| Recognition
  of authentic instruments | Acceptance
  of authentic instruments |
| 1.   Authentic
  instruments drawn up
  in a Member State shall
  be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and
  provided
  such recognition
  is not contrary to public policy
  in
  the Member State
  addressed
  . | 1.   
  An
  authentic
  instrument established in
  a Member State shall
  have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects
  , provided
  that this
  is not
  manifestly
  contrary to
  the
  public policy
  (ordre public) of
  the Member State
  concerned
  . |
| | A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form established in accordance with the advisory procedure referred to in Article 37c(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin. |
| | 1a.
     
  Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. |
| | 1b.
     
  Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 36. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. |
| | 1c.
     
  If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument concerning a property regime, that court shall have jurisdiction over that question. |
| 2.
     
  The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Recognition
  of authentic instruments

Recognition

Acceptance
  of authentic instruments

Acceptance

1.   Authentic
  instruments drawn up
  in a Member State shall
  be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and
  provided
  such recognition
  is not contrary to public policy
  in
  the Member State
  addressed
  .

instruments drawn up

be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and

such recognition

in

addressed

1.   
  An
  authentic
  instrument established in
  a Member State shall
  have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects
  , provided
  that this
  is not
  manifestly
  contrary to
  the
  public policy
  (ordre public) of
  the Member State
  concerned
  .

An

instrument established in

have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects

that this

manifestly

the

(ordre public) of

concerned

A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form established in accordance with the advisory procedure referred to in Article 37c(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin.

A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form established in accordance with the advisory procedure referred to in Article 37c(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin.

1a.
     
  Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court.

1a.

Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court.

1b.
     
  Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 36. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court.

1b.

Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 36. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court.

1c.
     
  If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument concerning a property regime, that court shall have jurisdiction over that question.

1c.

If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument concerning a property regime, that court shall have jurisdiction over that question.

2.
     
  The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity.

2.

The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity.

(Corresponds to Article 59 of Regulation (EU) No 650/2012.)

(Corresponds to Article 59 of Regulation (EU) No 650/2012.)

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 33

Article 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Authentic
  instruments drawn up and
  enforceable in
  one
  Member State shall
  , on request,
  be declared enforceable in another Member State
  following
  the procedure
  set out
  in
  Articles [38 to 57] of Regulation (EC) No 44/2001
  . | 1.   
  An
  authentic
  instrument which is
  enforceable in
  the
  Member State
  of origin
  shall be declared enforceable in another Member State
  on the application of any interested party in accordance with
  the procedure
  provided for
  in
  Articles 31b to 31o
  . |
| | 1a.
     
  For the purposes of point (b) of Article 31c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2). |
| 2.   The court with which an appeal is lodged under
  Articles [43 and 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy
  in
  the Member State
  addressed
  . | 2.   The court with which an appeal is lodged under
  Article 31 g or Article 31h shall
  refuse or revoke a declaration of enforceability only if enforcement of the authentic instrument is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Authentic
  instruments drawn up and
  enforceable in
  one
  Member State shall
  , on request,
  be declared enforceable in another Member State
  following
  the procedure
  set out
  in
  Articles [38 to 57] of Regulation (EC) No 44/2001
  .

instruments drawn up and

one

, on request,

following

set out

Articles [38 to 57] of Regulation (EC) No 44/2001

1.   
  An
  authentic
  instrument which is
  enforceable in
  the
  Member State
  of origin
  shall be declared enforceable in another Member State
  on the application of any interested party in accordance with
  the procedure
  provided for
  in
  Articles 31b to 31o
  .

An

instrument which is

the

of origin

on the application of any interested party in accordance with

provided for

Articles 31b to 31o

1a.
     
  For the purposes of point (b) of Article 31c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2).

1a.

For the purposes of point (b) of Article 31c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2).

2.   The court with which an appeal is lodged under
  Articles [43 and 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy
  in
  the Member State
  addressed
  .

Articles [43 and 44] of Regulation (EC) No 44/2001 may

in

addressed

2.   The court with which an appeal is lodged under
  Article 31 g or Article 31h shall
  refuse or revoke a declaration of enforceability only if enforcement of the authentic instrument is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement
  .

Article 31 g or Article 31h shall

the

(ordre public) of

of enforcement

(Corresponds to Article 60 of Regulation (EU) No 650/2012.)

(Corresponds to Article 60 of Regulation (EU) No 650/2012.)

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 34

Article 34

| Text proposed by the Commission | Amendment |
| --- | --- |
| Recognition and
  enforceability of court settlements | Enforceability of court settlements |
| Court settlements
  that
  are enforceable in the Member State of origin shall be
  recognised and
  declared enforceable in another Member State
  at the request
  of any interested party
  under the same conditions as authentic instruments
  . The court with which an appeal is lodged under
  Article [42 or 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy
  in
  the Member State
  addressed
  . | 1.
     Court settlements
  which
  are enforceable in the Member State of origin shall be declared enforceable in another Member State
  on the application
  of any interested party
  in accordance with the procedure provided for in Articles 31b to 31o
  . |
| | 1a.
     
  For the purposes of point (b) of Article 31c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2). |
| | 1b.
     The court with which an appeal is lodged under
  Article 31 g or 31h shall
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Recognition and
  enforceability of court settlements

Recognition and

Enforceability of court settlements

Court settlements
  that
  are enforceable in the Member State of origin shall be
  recognised and
  declared enforceable in another Member State
  at the request
  of any interested party
  under the same conditions as authentic instruments
  . The court with which an appeal is lodged under
  Article [42 or 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy
  in
  the Member State
  addressed
  .

that

recognised and

at the request

under the same conditions as authentic instruments

Article [42 or 44] of Regulation (EC) No 44/2001 may

in

addressed

1.
     Court settlements
  which
  are enforceable in the Member State of origin shall be declared enforceable in another Member State
  on the application
  of any interested party
  in accordance with the procedure provided for in Articles 31b to 31o
  .

1.

which

on the application

in accordance with the procedure provided for in Articles 31b to 31o

1a.
     
  For the purposes of point (b) of Article 31c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2).

1a.

For the purposes of point (b) of Article 31c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2).

1b.
     The court with which an appeal is lodged under
  Article 31 g or 31h shall
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement
  .

1b.

Article 31 g or 31h shall

the

(ordre public) of

of enforcement

(Corresponds to Article 61 of Regulation (EU) No 650/2012.)

(Corresponds to Article 61 of Regulation (EU) No 650/2012.)

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 35 — title

Article 35 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Effects in respect
  of third parties | Protection
  of third parties |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Effects in respect
  of third parties

Effects in respect

Protection
  of third parties

Protection

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 2

Article 35 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   However,
  the law of a Member State may provide that
  the law applicable to the matrimonial property regime
  may not be relied on by a spouse
  in dealings with a third party if
  one or other has
  their habitual residence in
  the territory of that Member
  State
  and the conditions of disclosure or registration provided for in the law of that State are not satisfied, unless the third party was aware of or ought to have been aware of the
  law applicable to the matrimonial property regime. | 2.   However,
  in a legal relationship between a spouse and a third party, neither of the spouses may rely on
  the law applicable to the matrimonial property regime if
  the spouse in a legal relationship with the third party and the third party have
  their habitual residence in
  the same
  State
  , which is not the State whose law is
  applicable to the matrimonial property regime.
  In such cases, the law of the Member State of the habitual residence of that spouse and the third party shall apply to the effects on the third party of the matrimonial property regime. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   However,
  the law of a Member State may provide that
  the law applicable to the matrimonial property regime
  may not be relied on by a spouse
  in dealings with a third party if
  one or other has
  their habitual residence in
  the territory of that Member
  State
  and the conditions of disclosure or registration provided for in the law of that State are not satisfied, unless the third party was aware of or ought to have been aware of the
  law applicable to the matrimonial property regime.

the law of a Member State may provide that

may not be relied on by a spouse

one or other has

the territory of that Member

and the conditions of disclosure or registration provided for in the law of that State are not satisfied, unless the third party was aware of or ought to have been aware of the

2.   However,
  in a legal relationship between a spouse and a third party, neither of the spouses may rely on
  the law applicable to the matrimonial property regime if
  the spouse in a legal relationship with the third party and the third party have
  their habitual residence in
  the same
  State
  , which is not the State whose law is
  applicable to the matrimonial property regime.
  In such cases, the law of the Member State of the habitual residence of that spouse and the third party shall apply to the effects on the third party of the matrimonial property regime.

in a legal relationship between a spouse and a third party, neither of the spouses may rely on

the spouse in a legal relationship with the third party and the third party have

the same

, which is not the State whose law is

In such cases, the law of the Member State of the habitual residence of that spouse and the third party shall apply to the effects on the third party of the matrimonial property regime.

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 3

Article 35 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a spouse and a third party in respect of that property
  . | 3.   
  Paragraph 2 shall not apply if: |
| | (a) | the third party was aware, or ought to have been aware, of the legal order applicable to the matrimonial property regime, or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a spouse and a third party in respect of that property
  .

The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a spouse and a third party in respect of that property

3.   
  Paragraph 2 shall not apply if:

Paragraph 2 shall not apply if:

(a)

(a)

the third party was aware, or ought to have been aware, of the legal order applicable to the matrimonial property regime, or

the third party was aware, or ought to have been aware, of the legal order applicable to the matrimonial property regime, or

| (b) | the requirements concerning registration or disclosure of the matrimonial property regime in accordance with the law of the State of the habitual residence of the third party and the spouse dealing with the third party were fulfilled, or |
| --- | --- |

(b)

(b)

the requirements concerning registration or disclosure of the matrimonial property regime in accordance with the law of the State of the habitual residence of the third party and the spouse dealing with the third party were fulfilled, or

the requirements concerning registration or disclosure of the matrimonial property regime in accordance with the law of the State of the habitual residence of the third party and the spouse dealing with the third party were fulfilled, or

| (c) | in dealings concerning immovable property, the requirements concerning registration or disclosure of the matrimonial property regime in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled
  . |
| --- | --- |

(c)

(c)

in dealings concerning immovable property, the requirements concerning registration or disclosure of the matrimonial property regime in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled
  .

in dealings concerning immovable property, the requirements concerning registration or disclosure of the matrimonial property regime in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article - 36 (new)

Article - 36 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 36 |
| | Habitual residence |
| | 1.
     
  For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of their central administration. |
| | The habitual residence of a natural person acting in the course of his or her business activity shall be his or her principal place of business. |
| | 2.
     
  Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence. |
| | 3.
     
  For the purposes of determining the habitual residence, the relevant point in time shall be the time of the conclusion of the legal relationship. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article - 36

Article - 36

Habitual residence

Habitual residence

1.
     
  For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of their central administration.

1.

For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of their central administration.

The habitual residence of a natural person acting in the course of his or her business activity shall be his or her principal place of business.

The habitual residence of a natural person acting in the course of his or her business activity shall be his or her principal place of business.

2.
     
  Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence.

2.

Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence.

3.
     
  For the purposes of determining the habitual residence, the relevant point in time shall be the time of the conclusion of the legal relationship.

3.

For the purposes of determining the habitual residence, the relevant point in time shall be the time of the conclusion of the legal relationship.

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 1 — point b a (new)

Article 37 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the names and contact details of the courts and authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 31b(1) and with appeals against decisions on such applications in accordance with Article 31 g(2); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the names and contact details of the courts and authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 31b(1) and with appeals against decisions on such applications in accordance with Article 31 g(2);

the names and contact details of the courts and authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 31b(1) and with appeals against decisions on such applications in accordance with Article 31 g(2);

(Corresponds to Article 78(1), point (a), of Regulation (EU) No 650/2012.)

(Corresponds to Article 78(1), point (a), of Regulation (EU) No 650/2012.)

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 1 — point b b (new)

Article 37 — paragraph 1 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | the procedures to contest the decision given on appeal referred to in Article 31h; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(bb)

the procedures to contest the decision given on appeal referred to in Article 31h;

the procedures to contest the decision given on appeal referred to in Article 31h;

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 3

Article 37 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters. | 3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available
  in a simple manner
  by appropriate means, in particular, through the multilingual internet site of the European Judicial Network in civil and commercial matters. |
| | The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters.

3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available
  in a simple manner
  by appropriate means, in particular, through the multilingual internet site of the European Judicial Network in civil and commercial matters.

in a simple manner

The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website.

The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website.

(Corresponds to Article 78(3) of Regulation (EU) No 650/2012.)

(Corresponds to Article 78(3) of Regulation (EU) No 650/2012.)

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 3 a (new)

Article 37 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices.

3a.

The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices.

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 37 a (new)

Article 37 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 37a |
| | Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a) |
| | 1.
     
  The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a). |
| | 2.
     
  The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly. |
| | 3.
     
  The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union. |
| | 4.
     
  The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 37a

Article 37a

Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a)

Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a)

1.
     
  The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a).

1.

The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a).

2.
     
  The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly.

2.

The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly.

3.
     
  The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union.

3.

The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union.

4.
     
  The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters.

4.

The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters.

(Corresponds to Article 79 of Regulation (EU) No 650/2012.)

(Corresponds to Article 79 of Regulation (EU) No 650/2012.)

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 37 b (new)

Article 37 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 37b |
| | Establishment and subsequent amendment of the attestations and forms referred to in Articles 31c, 32, 33 and 34 |
| | The Commission shall adopt implementing acts establishing and subsequently amending the attestations and forms referred to in Articles 31c, 32, 33 and 34. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37c(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 37b

Article 37b

Establishment and subsequent amendment of the attestations and forms referred to in Articles 31c, 32, 33 and 34

Establishment and subsequent amendment of the attestations and forms referred to in Articles 31c, 32, 33 and 34

The Commission shall adopt implementing acts establishing and subsequently amending the attestations and forms referred to in Articles 31c, 32, 33 and 34. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37c(2).

The Commission shall adopt implementing acts establishing and subsequently amending the attestations and forms referred to in Articles 31c, 32, 33 and 34. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37c(2).

(Corresponds to Article 80 of Regulation (EU) No 650/2012.)

(Corresponds to Article 80 of Regulation (EU) No 650/2012.)

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 37 c (new)

Article 37 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 37c |
| | Committee procedure |
| | 1.
     
  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. |
| | 2.
     
  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 37c

Article 37c

Committee procedure

Committee procedure

1.
     
  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1.

The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.
     
  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

2.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

(Corresponds to Article 81 of Regulation (EU) No 650/2012.)

(Corresponds to Article 81 of Regulation (EU) No 650/2012.)

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 3

Article 39 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Chapter III shall apply only to spouses who
  marry or who specify the law applicable to the matrimonial property regime
  after the date of application of this Regulation. | 3.   Chapter III shall apply only to spouses who after the date of application of this Regulation: |
| | (a) | marry, or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Chapter III shall apply only to spouses who
  marry or who specify the law applicable to the matrimonial property regime
  after the date of application of this Regulation.

marry or who specify the law applicable to the matrimonial property regime

3.   Chapter III shall apply only to spouses who after the date of application of this Regulation:

(a)

(a)

marry, or

marry, or

| (b) | specify the law applicable to the matrimonial property regime. |
| --- | --- |

(b)

(b)

specify the law applicable to the matrimonial property regime.

specify the law applicable to the matrimonial property regime.

An agreement on the choice of applicable law concluded before [the time of application of this Regulation] shall likewise be valid if it meets the conditions laid down in Chapter III or if it is valid in application of the rules of private international law in force at the time when the agreement on the choice of law is concluded.

An agreement on the choice of applicable law concluded before [the time of application of this Regulation] shall likewise be valid if it meets the conditions laid down in Chapter III or if it is valid in application of the rules of private international law in force at the time when the agreement on the choice of law is concluded.

---

(1)  

  OJ L 201, 27.7.2012, p. 107.

1

OJ L 201, 27.7.2012, p. 107.

(2)  

  OJ L 55, 28.2.2011, p. 13.

2

OJ L 55, 28.2.2011, p. 13.

---